[Federal Register Volume 59, Number 245 (Thursday, December 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31398]


[[Page Unknown]]

[Federal Register: December 22, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 216

[Docket No. 941133-4333; I.D. 111494B]

 

Taking and Importing of Marine Mammals

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of embargoes.

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SUMMARY: NMFS announces that, in adherence to regulations and court 
orders, yellowfin tuna and products derived from yellowfin tuna 
harvested in the eastern tropical Pacific Ocean (ETP) by purse seine 
vessels of Colombia or the Republic of Vanuatu are prohibited from 
entry into the United States.

EFFECTIVE DATE: September 28, 1994.

ADDRESSES: Director, Southwest Region, NMFS, 501 West Ocean Blvd., 
Suite 4200, Long Beach, CA 90731.

FOR FURTHER INFORMATION CONTACT: LT Dana Wilkes, 310-980-4000; Fax 310-
980-4018.

SUPPLEMENTARY INFORMATION: The Marine Mammal Protection Act (MMPA) (16 
U.S.C. 1361 et seq.) requires a ban on the importation of commercial 
fish or products from fish that have been caught with commercial 
fishing technology which results in the incidental kill or serious 
injury of marine mammals in excess of U.S. standards. In the case of 
yellowfin tuna harvested by purse seine in the ETP, the MMPA requires a 
ban unless the harvesting nation has a program and performance that is 
comparable in its level of marine mammal protection to that of the 
United States. The regulatory program of the harvesting nation must 
include, among other things, such prohibitions against encircling 
certain schools of dolphin, conducting sundown sets, and other 
activities as are applicable to U.S. vessels under the marine mammal 
program of the United States (16 U.S.C. 1371(a)(2)(B)(I)). MMPA 
regulations require that harvesting nations implement marine mammal 
protection requirements within 180 days of the date that such 
requirements are placed on U.S. vessels (50 CFR 216.24(e)(5)(v)(B)).
    On November 1, 1993 (58 FR 58285), NMFS published a final rule 
declaring the northeastern stock of offshore spotted dolphin (Stenella 
attenuata) to be depleted under section 3(1) of the MMPA (16 U.S.C. 
1362(1)). On January 27, 1994, the U.S. District Court for the Northern 
District of California in the case of Earth Island Institute v. Brown, 
No. C 88-1380 TEH, enjoined NMFS, effective immediately, from 
permitting any incidental taking of any northeastern offshore spotted 
dolphin in the ETP, and required that NMFS include this prohibition in 
the comparability requirements for foreign nations. On February 1, 
1994, NMFS notified U.S. vessels fishing under the general permit 
issued to the American Tunaboat Association (ATA general permit) that 
all sets on the northeastern stock of offshore spotted dolphin were 
prohibited due to the stock's recently determined status as depleted 
under the MMPA. On February 4, 1994, NMFS further advised those vessels 
that the take of all offshore spotted dolphin was prohibited 
immediately under the provisions of the January 27, 1994, order 
requiring NMFS to minimize the take of northeastern offshore spotted 
dolphin. On February 8, NMFS, in order to ensure that the aggregate 
dolphin mortality quota mandated by the International Dolphin 
Conservation Act was not exceeded, prohibited the taking of any 
additional dolphin, regardless of species or stock, under the ATA 
general permit, thus closing the fishery.
    On February 22, 1994, NMFS published a notice in the Federal 
Register (59 FR 8417) of the January 27, 1994, court order, and of the 
February 1, 4, and 8, 1994, NMFS actions discussed above. The 
prohibition on the take of any of the northeastern stock of offshore 
spotted dolphin has been incorporated as a new element in the marine 
mammal program of the United States. On August 24, 1994, with a 
subsequent technical correction on September 19, 1994, the U.S. 
District Court for the Northern District of California amended its 
order of January 27, 1994, and specified that its prohibition applied 
only in the area from 40 deg. N. lat. to 5 deg. N. lat., and from 
120 deg. W. long. to the coastline of Central and South America.
    As of September 28, 1994, NMFS had not received documentary 
evidence from Colombia or from the Republic of Vanuatu that either 
nation has incorporated into its marine mammal protection program a 
prohibition on encircling with a purse seine net any school in which a 
northeastern offshore spotted dolphin is observed. Therefore, because 
the 180-day period allowed for a foreign nation to adopt a comparable 
prohibition expired on July 26, 1994, in adherence to the regulations 
and court orders cited above, NMFS on September 28, 1994, notified the 
U.S. Customs Service, and here announces, an immediate ban on imports 
of yellowfin tuna harvested in the ETP by purse seine vessels of 
Columbia and the Republic of Vanuatu.

    Dated: December 13, 1994.
Samuel W. McKeen,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 94-31398 Filed 12-21-94; 8:45 am]
BILLING CODE 3510-22-F